本帖最后由 carlosmak 于 15-5-2017 11:25 AM 编辑
Ongss 发表于 15-5-2017 08:57 AM
第一,法律上,楼主的老板没有发出任何要求赔偿的信件。所以,没有所谓的反咬一口。
第二,电话录音如果能成为呈堂证据,2008年那个“Look like me, sound like me”的案例就已经开堂审讯,而不是不了了之。电影 ...
下次要发表前,请不要发表错误的讯息。你之前不是骂网友给错误的讯息,怎么现在你自己又给错误的讯息误导网友?
根据大马 EVIDENCE ACT 1950 录音是可以作为呈堂证供
SECTION 3 EVIDENCE ACT 1950
3. In this Act, unless the context otherwise requires-- "computer" means any device for recording, storing, processing, retrieving or producing any information or other matter, or for performing any one or more of those functions, by whatever name or description such device is called; and where two or more computers carry out any one or more of those functions in combination or in succession or otherwise howsoever conjointly, they shall be treated as a single computer;
"document" means any matter expressed, described, or howsoever represented, upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of--
(a) letters, figures, marks, symbols, signals, signs, or other forms of expression, description, or
representation whatsoever;
(b) any visual recording (whether of still or moving images);
(c) any sound recording, or any electronic, magnetic, mechanical or other recording whatsoever and
howsoever made, or any sounds, electronic impulses, or other data whatsoever;
(d) a recording, or transmission, over a distance of any matter by any, or any combination, of the means
根据 Admissibility of documents produced by computers, and of statements contained therein 90A. (1) In any criminal or civil proceeding a document produced by a computer, or a statement contained in such document, shall be admissible as evidence of any fact stated therein if the document was produced by the computer in the course of its ordinary use, whether or not the person tendering the same is the maker of such document or statement.
SECTION 90a(2) For the purposes of this section it may be proved that a document was produced by a computer in the course of its ordinary use by tendering to the court a certificate signed by a person who either before or after the production of the document by the computer is responsible for the management of the operation of that computer, or for the conduct of the activities for which that computer was used.
只要一张证书录音就可以纳为呈堂证供
(3) (a) It shall be sufficient, in a certificate given under subsection (2), for a matter to be stated to the best of the knowledge and belief of the person stating it.
(b) A certificate given under subsection (2) shall be admissible in evidence as prima facie proof of all matters stated in it without proof of signature of the person who gave the certificate.
EVIDENCE ACT 1950
录音是和文件一样可以呈为呈堂证供。
自己不懂就不要扮懂,讲到自己什么都懂。
不懂就GOOGLE CHECK一下才来发表,不要骂网友误导,自己却一直误导网网友。
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